Contested Wills & contentious probate solicitors in Leeds

If you wish to dispute a Will, our award-winning contentious probate team can help you explore your options.

It may be that a close relative has died without a Will and intestacy rules have been carried out. Due to this, you may have received little or nothing at all. Alternatively, someone may have left a Will and you may feel that under its terms you have been inadequately provided for.

You may feel aggrieved and wish to challenge the situation. You may also suspect the Will does not reflect what the deceased person wanted, or that it was improperly executed.

By the same token, you may be a beneficiary of a Will seeking to defend it from being contested by someone else. The executors under a Will may not be carrying out their duties.

Whichever situation sounds most familiar, we can help. Our contentious probate solicitors have decades of experience in providing sound, strategic and pragmatic legal advice for contested Wills and trusts.

Contesting a Will: how we can help

Dealing with the death of a loved one is challenging, particularly if there is a dispute around a Will. It’s of paramount importance to get expert legal support as soon as possible, or you may lose your right to make a claim.

Your reason for contesting a Will may be that you suspect it doesn’t reflect the wishes of the deceased person. You may also suspect the Will hasn’t been properly executed as a result of undue influence, lack of capacity or fraud. In these instances, the Will could be invalid and subject to a challenge.

A Will can also be subject to a challenge if it fails to make ‘reasonable financial provision’ for a family member or someone who was dependent on the deceased person. These claims can be brought under the Inheritance (Provision for Family and Dependants) Act 1975.

Whatever the circumstances, it’s our aim to provide you with the best possible advice in the clearest possible terms. At the outset, we will provide you with an honest assessment of the merits of your case, together with realistic and practical legal advice.

We’ll advise you on all aspects of the case and explain your options so you’re fully informed. Our team will draw on decades of experience to work on your behalf and ensure you receive a fair settlement.

‘Excellent’ contested Wills and Contentious Probate specialists

You’re in the best of hands. We have a wealth of experience in dealing with all aspects and types of contentious probate work, including high-value and complex cases.

99% of our customers would use us again and recommend Emsleys to family and friends – a level of local trust we’re proud to have built since being founded in Leeds in 1987.

We’re also rated as ‘Excellent’ on Trustpilot and are acknowledged as a ‘Leading Firm’ in Legal 500, one of the foremost legal industry directories.

Book an initial consultation to discuss contesting a will

We aim to make potentially complex issues simple to understand. We avoid industry jargon and focus on providing simple, sound and honest advice at every stage.

We’ll keep you fully informed of any costs relating to your contentious probate case, with no hidden fees – at the outset, we’ll give as clear an indication as possible of what we think your case will cost, with regular updates if this is likely to change.

We’re flexible and ready to support you wherever you are. From our central hub in Leeds Colton, we serve the entire Yorkshire region in-person, while offering seamless remote support through email, phone, and video conferencing to suit your needs.

Our team offers free, no-obligation initial consultations for all new contentious probate enquiries.

Challenging a Will: frequently asked questions

Disputes around Wills and Probate can feel daunting, particularly at what is already a stressful and emotional time. Whether you’re looking to contest a Will or you’re a beneficiary of a Will being contested, it’s likely you’ll have a number of questions.

How do I contest a Will?

The first step is to contact a contentious probate solicitor – they will be qualified to assess the strengths and merits of your case.

All evidence should be gathered and investigated to determine the Will’s validity. An initial letter or a session of mediation may resolve the dispute.

If an amicable settlement cannot be reached, a claim can be filed to a court. If there are sufficient grounds, then a court order may rule the Will as invalid.

What are the grounds for challenging a Will?

Simply being unhappy with a Will is not grounds to challenge it. It can only be done if there is:

• unreasonable provision: the Will does not provide reasonable financial provision for a family member, spouse or dependent

• lack of capacity: if the deceased person did not have the mental capacity to understand the nature and effects of the will

• undue influence: if the deceased person was bribed, pressured or coerced into making the Will against their wishes

• fraud or forgery: for example, if the deceased person was tricked into creating the Will, or a signature was forged

• improper execution: for example, if the Will was not witnessed or signed properly

Who can dispute a Will? Can anyone do so?

Anyone can make a challenge to a Will, including grandchildren and siblings. This may be done in the hope that an earlier Will or rules of intestacy apply.

How long does contesting a Will take?

There’s no single answer. A case that is successfully resolved through an initial letter or quick mediation may be as short as several weeks, but complex cases can take months or even years.

Can I contest a Will without a lawyer?

In theory, yes – there is no requirement to have a solicitor. However, the process can be incredibly complex. Seeking professional legal representation will improve your chances of a successful challenge and may actually save you money overall.

Can you contest a Will after Probate?

Yes. This includes claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. However, the chances of a successful challenge are reduced the longer you wait, it’s important to seek legal advice as soon as possible.

How long do you have to contest a Will? Is there a time limit?

When it comes to claiming for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, the time limit is six months from when a Grant of Probate or a Grant of Letters of Administration was issued. In special circumstances, this can be extended.

Otherwise, there is no strict time limit in relation to challenging the validity of a Will. However, it’s important to act as soon as possible – if there is a delay in bringing a claim, the court may view this as a reason to rule that the person is no longer entitled to bring a claim.

Can you prevent someone contesting a Will?

There are ways to make challenges more difficult when writing a Will, such as by including a ‘no contest’ clause. However, there is no way to completely stop somebody from contesting it if they suspect it is invalid (for example, if they believe there was improper execution or undue influence).

How much does it cost to contest a Will?

Given every case is unique, it’s challenging to give a figure. If a resolution is reached quickly through an initial letter, costs may be as low as a few hundred pounds.

If the dispute is more complex, for example requiring mediation, costs can quickly grow into the thousands. While most will challenges are settled beforehand, if your case does go to court, costs can run into the tens of thousands.

If your case proceeds to a final trial, costs can even escalate into the hundreds of thousands. Only a small minority of cases do reach this stage, however.

Who pays to contest a Will?

The person bringing the claim pays initial costs – a solicitor will be able to give you an estimate for your case and make a payment arrangement.

It is a misconception that legal fees can always be subtracted from the estate at the end of a Will claim. If the court proceedings become necessary and you lose, you will generally be responsible for paying the opponent’s reasonable costs.

Can you get legal aid to contest a Will?

Legal aid for contesting a Will in England and Wales was abolished in 2013. It is no longer available.

If you have a question that isn’t answered above, don’t hesitate to contact our expert team for advice.